5 Things to Know about the VA Appeals Process

Appeals process: The multi-stage appellate process is available to you after you have already received one or more decisions on your claim, but disagree with some aspect of VA’s decision. During the appellate process, an appeal undergoes additional independent reviews, often multiple times and by different adjudicators, as you or your representative submit new evidence and/or a new argument. Nearly 74 percent of appeals are from Veterans who are already receiving VA disability compensation, but are seeking either a higher level of compensation or payment from an earlier effective date.

1 Appeals and Claims are different

Claims defined

You submit a claim when seeking VA disability benefits (or increased benefits) for one or more medical conditions you believe are related to military service. These claims can be filed online through eBenefits, submitted by mail or in person at the nearest VA regional office. The claim submission, the military service and health care records and any other evidence associated with the claim are reviewed in order to provide you a rating determination.

The Appeals Process

The multi-stage appellate process is available to you after you have already received one or more decisions on your claim, but disagree with some aspect of VA’s decision. During the appellate process, an appeal undergoes additional independent reviews, often multiple times and by different adjudicators, as you or your representative submit new evidence and/or a new argument. Nearly 74 percent of appeals are from Veterans who are already receiving VA disability compensation, but are seeking either a higher level of compensation or payment from an earlier effective date. Continue Reading

When I represented Veterans at the Board of Veterans’ Appeals, my clients usually had a lot of questions about the appeals process and the differences between a claim and an appeal.

2 Appeals at the Regional Office

Once a VA office issues its decision on your claim, you have one year from that date to file an appeal. Read the decision letter closely: it will tell you why VA made the decision it did. If you are unsure why or how VA made its decision, ask a Veterans service officer for help. You can also call VA or go to your regional office.

If you disagree with VA’s decision for any reason – the effective date of your award, the rating percentage you were given or the reason you were denied – you should file a Notice of Disagreement (NOD). Continue Reading

3 Appeals at the Board of Veterans Appeals

Once the board receives your appeal, it assigns a docket date based on the date VA received your Form 9. This date is important: under the law, the board must work appeals in docket order. Currently, the median, or middle, docket date of appeals the board is working is July 2014. Some newer appeals can be pushed to the front of the line: those from older Veterans and survivors, those who are terminally-ill or those who have documented financial hardship, etc. It’s important to know that if the board remands (returns) your appeal to the regional office to gather more evidence, you won’t lose your place on the board’s docket. Continue Reading

There is a perception that a lot of the regional offices’ decisions are appealed to the Board of Veterans’ Appeals. This is not accurate. Historically, only 4 percent of all claims the Veterans Benefits Administration decides are appealed to the board.

4 When an appeal is remanded

Appeals are remanded for many reasons…if there has been a change in law, a worsening of a disability on appeal, the Veteran introduces new evidence or theory of entitlement at the Board or if the regional office did not process your claim correctly.

5 VA’s Plan

In my previous four posts, I discussed the difference between a claim and an appeal and the appeals process that occurs in the VA regional offices and at the Board of Veterans’ Appeals , as well as what happens if your appeal is remanded by the .

Board of Veterans Appeals

The Board of Veterans’ Appeals (also known as “BVA” or “the Board”) is a part of the VA, located in Washington, D.C.

Members of the Board review benefit claims determinations made by local VA offices and issue decision on appeals. These Law Judges, attorneys experienced in veterans law and in reviewing benefit claims, are the only ones who can issue Board decisions. Staff attorneys, also trained in veterans law, review the facts of each appeal and assist the Board members. {38 U.S.C. §§ 7103, 7104}

Anyone who is not satisfied with the results of a claim for veterans benefits (determined by a VA regional office, medical center, or other local VA office) should read the “How do I Appeal” pamphlet. It is intended to explain the steps involved in filing an appeal and to serve as a reference for the terms and abbreviations used in the appeal process.

The VA Regional Office [VARO] decides your claim initially. But if you disagree with their decision, you can ask for it to be reviewed within the VA, and then by the courts. First, you can request review by a Decision Review Officer within VA; Second, you can appeal a denied claim to the Board of Veterans’ Appeals.

If you are not satisfied with any part of the Board decision, you can appeal to the U.S. Court of Appeals for Veterans Claims (the “Veterans Court”). The Veterans Court only handles BVA appeals on behalf of veterans. The Court website also has useful information about the appeal process.

Matt Hill: Welcome to another Hill & Pontin VA Disability Blog. My name’s Matthew Hill and I’m here with … Carol Ponton: Carol Pontin. Matt Hill: Today we’d like to talk to you about the Board of Veterans’ Appeals. What it is, how you get there, and what do you do there.

The VA Claims process can be long and confusing. Below is a simplified overview of the appeals process. The three main entities that handle a claim and its subsequent appeals are the VA Regional Office, the Board of Veterans Appeals, and the Court of Appeals for Veterans Claims. You begin by filing a claim for benefits with the Regional Office (RO).

I am new to the forum, but was hoping to get some help with a question i have. I was awarded 30% for PTSD back in 2013. Within 60 days i appealed the decision, as i felt it was wrong. It took until May 2017 for them to schedule me a re examination. They bumped […]

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I was just wondering if any one out there has heard of Dr. Bash? More importantly has any one used his services? And how did it work out for that person? If you can answer any of these questions please let me know. my email is rring2002@yahoo.com Please any information would be helpful.

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I have received an IMO exactly stating as follows.......Veteran's _______is at least as likely as a result of his service related development of ___________. My question..... is this strong enough to pass VA muster on Appeal without the "or not" included...... or do I need a redo with the " as not" included before submitting? I […]

Back in May 2015 had a IME/IMO exam and was told I should put in a claim for deviated septum cause I had surgery for same while on active duty and again the same exact surgery in 2009 at VA. I had no intention of applying for it until it was brought up. I went […]